how do i get my name off morgage, i have told my ex that i will not pay anymore towards house , just pay for my kids
2007-02-06 04:17:33 · 20 answers · asked by tige181181 1 in Family & Relationships ➔ Marriage & Divorce
Im afraid you will be stuck paying for the mortage until the divorce is final. Unless you can get her to agree to buy you out early. If you give her the house completely you may have a shot at this, but a new mortgage will have to be made you can not simple take you name off. My advice see a lawyer NOW... If not you will be paying for that house for the next year or so.
2007-02-06 04:33:19 · answer #1 · answered by cheeks230 3 · 0⤊ 0⤋
If you entered into the mortgage during the marriage it is jointly owned. You have the debt (the mortgage) and the corresponding asset (the house itself) equally. During the court proceedings a decision will be made on what to do with the house and the debt.
If you don't want the house or more aptly the payments, you should try and negotiate to sell the house and divide the profits if any.
But I have heard of cases where the ex got the house and the hubby got the full mortgage (rumor...may no be true). I know of cases where the above happened (aunt and uncle). I also know of cases where they split the payment and she got the house (good friend).
Getting your name off the mortgage isn't going to happen unless your ex agrees to accept the house and all the mortgage (and why would she do that when she can make you pay for it...you left her remember).
2007-02-06 04:37:19 · answer #2 · answered by jw 4 · 0⤊ 0⤋
It sounds as tough you just upped and left without actually signing anything over to her - you can't just say "I'm going" and expect the house to magically be in her name! So if someone had contacted you saying the house had been sold at a massive profit, would you have turned your half down on principal - somehow I don't think so! The only way for your wife to be solely responsible for the house is if you signed it over to her so it was just in her name, or it was granted to her in the divorce (in which case there would still be some signing to do). As your name is still on the deeds you are liable for any debts the house may incur, and it is your fault for not taking charge and leaving it someone else. Do you not realise that in the last 12 years your wife could have easily just not paid the mortgage or got a load of loans secured on the house, which you would then be liable for? Think yourself lucky.
2016-03-29 07:48:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
be very very careful. when i divorced from my husband i agreed to sign the house over to him, i thought it would be a new start for us both. unfortunatley for me,... i found out when the building society called me for mortgage payments when he didnt pay...that i signed the house over, but not the debt!
we have been divorced for 5 years and i still cant get my name off the mortgage, i have it on my credit score for every default he made and also had to pay the arrears to stop the house being repossessed. i would have still been liable for the debt even after that.
i have no financial interest in the house, which means if he sells it he gets every penny, but im still liable for the debt, and will be for the full life of the mortgage.
i live with my new husband to be and he has had to take out a mortgage in his name only as they wont allow me because of the other mortgage, and i have even had to sign any rights to the new house.
get yourself a good solicitor. make sure you know exactly what is happening. obviously you want to safeguard your childrens future, but dont let your wife hold this debt over you for the rest of your life.
good luck
x
2007-02-06 05:03:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Oh if only it were that simple. Have the courts told you you can do that?
If the final settlement is that you don't have to pay the mortgage, then she will need to get a new mortgage to pay off the old one. you just don't take your name off it.
2007-02-06 04:24:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Call the mortgage company and tell them this. See what they can tell you. I really do not know if you can have your name taken off or not legally without your wifes ok. Contact a lawyer and see what rights you have here.
2007-02-06 04:21:44 · answer #6 · answered by Lady Hewitt 6 · 0⤊ 0⤋
You will have to deed your interest in the property over to her. She will also have to be able to refinance the loan in her own name. You probably better get a lawyer and discuss what can be done. It might not even be possible. It will depend on the terms of your divorce.
2007-02-06 04:24:37 · answer #7 · answered by Ms. Cranky 4 · 0⤊ 0⤋
if you don't live in the house then legally you don't have to pay the mortgage. She is living in your half of the house? of course she is! so if you pay your half of the mortgage she pays you rent = half the mortgage payment or she pays the full mortgage or she agrees to write to the mortgage company and get your name taken off it! it worked for me! my ex wanted me to continue paying half our mortgage despite the fact i could not get into the house because he'd changed the locks. My solicitor advised me to charge him rent equal to half the mortgage amount (my payment) or tell him to pay the mortgage himself he did not have a leg to stand on!
2007-02-09 23:41:14 · answer #8 · answered by Giggle Angel 4 · 0⤊ 0⤋
Everybody needs to be in agreement. Your ex, the mortage company and obviously you.
Your ex needs to prove she can maintain the payments before they will even consider taking you off.
2007-02-06 04:22:25 · answer #9 · answered by peachy 3 · 0⤊ 0⤋
You will need to re-finance in her name only and also fill out a quit claim deed, giving up all rights to the property.
2007-02-06 04:37:56 · answer #10 · answered by onecrazypeach 3 · 0⤊ 0⤋